How to claim compensation in criminal proceedings?

Kamila, who did not know how to claim compensation in a case involving her dog, contacted the law firm Dostupný advokát. The dog had undergone a minor procedure at the vet, but the reaction and consequences were very significant: the dog stopped eating, showed tremendous pain and fever. After two days, she had to be taken to another clinic, where she was found to have incipient sepsis, requiring the removal of some necrotic organs and a major reoperation with several days of hospitalisation, transfusions and the administration of many drugs. The total cost of the additional treatment amounted to sixty thousand crowns. Mrs Kamila wanted to know how she could claim damages.

There are situations that offer multiple legal solutions and it is up to the client to choose the one they feel is appropriate after consulting with us.

In this case it seemed likely to us that the vet who had unprofessionally performed the original procedure would not want to risk his reputation and would be amenable to an out of court settlement. We therefore suggested to Ms Kamila that the ideal solution was to send a pre-action notice. This would allow her to avoid any court proceedings and obtain compensation very quickly. The vet might have been able to claim on his insurance policy and might have been more amenable to the proposed settlement. In the event of failure to agree such a settlement, it would be possible to proceed further to civil proceedings in which the money spent could be recovered in court.

However, Ms Kamila rejected the proposed solution, as she concluded that her primary concern was not even the money spent, but proving the guilt of the person who had so fundamentally damaged her dog and caused it great suffering. She therefore asked about the possibility of a similar procedure in criminal proceedings. We therefore summarised the possibilities, advantages and disadvantages of such a procedure.

How to proceed with a claim for compensation?

An effective tool for victims of crime who wish to obtain compensation without having to pursue separate civil court proceedings is the so-called adhesion procedure.

Adhesion proceedings allow the injured party (victim of the crime) to pursue his or her claim for compensation directly in the context of criminal proceedings against the accused.

If you have been injured and want to claim compensation in a criminal case, there are a few basic legal requirements. These are crucial for the court to accept your claim for compensation at all.

The first step is to get the timing of your claim right. The application for damages must be filed no later than the time when the main trial in your case begins, i.e. before the start of the evidence. If a plea bargain is negotiated, you must file your motion at the first plea hearing. The statute of limitations on damages is also an important consideration. In the case of both damages and unjust enrichment, the general three-year subjective limitation period applies, which starts to run from the date on which the injured party knew (or should have known and could have known).

It is essential that your claim for damages is as thorough and detailed as possible for a successful claim. Your submission must contain clear and specific information about the extent and nature of the damage caused to you. It is important to argue convincingly why the defendant is responsible for the damage and to justify how his actions are connected to your damage.

Also specify the amount you are claiming in compensation. This amount should correspond to the actual amount of damage that can be proven. Crucially, all allegations in the claim must be carefully supported by evidence. This evidence may include, for example, invoices for repairs or replacement goods, receipts documenting expenses incurred as a result of the crime, damage estimates provided by qualified experts, medical reports of injuries, or evidence of your usual income if you are claiming compensation for lost earnings.

By attaching these documents to your claim, you significantly increase the chances of a successful outcome of your claim for criminal damages. A clearly and logically structured submission, supported by relevant evidence, is the basis for the court to rule in your favour.

Without a clearly defined and documented claim that explains how the damages were incurred and why the defendant should be held liable for the damages, the court cannot grant your request. Courts are not obliged to look for evidence themselves, so it is essential that you provide all relevant information in your application. Although the main evidence in criminal proceedings is taken by the court, its main purpose is to prove or disprove the guilt of the accused, which does not necessarily also prove the amount of your damages. You should therefore not underestimate your burden of proof in this context.

What are your chances of success?

The court will award damages if the defendant is proven to be guilty of the offence and the harm caused by the offence is established. Compensation may be awarded in full or in part, depending on the circumstances of the case.

If all the conditions set out above are met and the victim’s claim is supported by the law and the causal link between the offence and the damage, non-pecuniary loss or unjust enrichment is established, the court shall order the defendant to pay compensation. However, if the evidence does not provide a sufficient basis for establishing an obligation to compensate for the damage or if it would require extensive evidence that would significantly prolong the criminal proceedings, the court may refer the victim to civil proceedings or to another competent authority. Of course, the victim will also fail if the crime is not proved at all and the proceedings are dismissed.

In practice, the victim is often referred to initiate civil litigation in order to avoid making the process too complicated for the court.

The court decides on compensation for damages as part of the decision on the merits, i.e. in the judgment by which the accused is either found guilty or acquitted. If the accused is found guilty, the court may also decide on damages in that judgment.

A decision on damages may be challenged by means of the normal criminal appeals.